Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

went to visit a sick Uncle in CA and he gave me a gift of money.

came back to NC and...
went to visit a sick Uncle in CA and he gave me a gift of money. came back to NC and used gift to pay for new hvac system that just went. Few days later i get a call from his wife saying it was her money, not his, and to return it. Told her it would take some time as i then had to come up with the $15k ..... I lawyer from CA called me yesterday (I was not home)......I'm thinking its her lawyer asking for the money. My uncle is 90 and she is 94. I just want to kinow my legal rights so I won't be brow beaten by a lawyer. Just want to have my facts straight. Keep in mind, I will return the gift to her as that is the right thing to do....just not all at once.
Show More
Show Less
Ask Your Own Legal Question
Answered in 6 minutes by:
4/18/2013
John Legal
John Legal, Attorney
Category: Legal
Satisfied Customers: 4,632
Experience: Over 15 years legal experience.
Verified

Thank you for your excellent question.

 

 

If your uncle was competent and you did not unduly influence him into giving you the gift then you have no obligation to return the money. Whether it was his money or not, he obviously had control over the funds enough to give you the money. You do not have any obligation or liability to look into your uncle's financial matters to determine if they money that is given to you was his. You can legally accept the fact that when he gives you a gift that he as sufficient legal authority over the money to give it to you.

 

If your aunt wants the money back she can go after your Uncle for the money. However she has no legal claim against you for the money unless she can prove he was mentally incompetent or you unduly influenced him.

 

Further, you have no obligation to return any call from the attorney. if you choose to return the call then I suspect they are going to try and scare you into returning the money. If you agree to return the money then you could find yourself obligated through your agreement. Otherwise one would not be legally obligated here.

 

 

I cannot provide you with legal advise. I can provide you with information about the law related to your question. My answer, and any information that you can find online, should not take the place of having a detailed consultation with a lawyer in your area to advise you regarding your specific issues.

 

Please show your appreciation for my candid, accurate information by clicking VERY INFORMATIVE, OR the OR and positive feedback. You should only rate me if you are satisfied with the information I provided you. If you feel there is something more I could have done please do not rate me and click REPLY TO EXPERT.

I appreciate your question and repeat customers. You can request me by beginning your question with "Dear XXXXX..."

Thank you,

John

John Legal
John Legal, Attorney
Category: Legal
Satisfied Customers: 4,632
Experience: Over 15 years legal experience.
Verified
John Legal and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

My uncle called me to come to Ca. and see him and I am the only one in the family that has a connection. His sister (my mother) is still living in a nursing home in R.I. He loves her so much that he wanted me to have that gift. I had NO idea any of this was going to transpire when I went to CA. My 40 year old son came with me as my husband was away on business. I had NO idea this was not his....he had it in a satchel around his waist. I figured he sold all his gold and jewelry for money. He IS very ill, but was of sound mind. I was there for 3 days and we had GREAT conversations. He felt by giving me the gift that it would resolve him of his past mistakes with the family. I have never accepted anything like that before and only did to make this very ill man happy. His wife called me yelling and screaming that I have her money and that she needs it. She is also very sick and requires 24/7 care. But, her mind is still sharp. I cried for 3 days...not for the potential loss of the gift, but for where I am going to get the $ to return. I am very emotional about it. It also cost me 2,000 for all my expenses, but I don't expect anyone to pay for that. It was my choice. Not sure I could live with myself if I didn't return the money....do you think I could strike up a deal and pay perhaps $100 a month? Keep in mind that she lives in a multi multi million dollar home in Santa Barbara Ca.


 

Barb,

 

I hear your pain and concern. However, the wife and attorney are manuplating you based on your fears and emotions..

 

You can agree to pay her any amount that you want at any timeframe because you have NO legal obligation to pay the money back. You are in essence giving the wife a gift of money back, you are not returning anything as it became yours when your uncle gave it to you.

 

Hope this helps. Please also remember that you can do what ever you wish and they may lie to you to get you do do more. The only way they force you to do something is to try and sue you. The suit would likely have to be in the state where you are living, not California.

 

Best Wishes,

 

John

Ask Your Own Legal Question
Ask John Legal Your Own Question
John Legal
John Legal
John Legal, Attorney
Category: Legal
Satisfied Customers: 4,632
4,632 Satisfied Customers
Experience: Over 15 years legal experience.

John Legal is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My wife had an affair with this guy in the neighborhood
My wife had an affair with this guy in the neighborhood across from ours, would there be any legal trouble by putting a note in each of his neighbors' mailboxes on his street letting them know what he… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,300 satisfied customers
Recently deceased boyfriend of 7 years in Nevada. During our
Recently deceased boyfriend of 7 years in Nevada. During our life together I spent between $5000 and $10,000 a year on everything g from hardscaping the property to interior decoration, paying utiliti… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,871 satisfied customers
Why business insurance company doesn't provide a list of
Why business insurance company doesn't provide a list of good local business lawyers to the business owner? If they do so, the business owner can pay these lawyers to consult issues before those issue… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I bought several gently used coach purses on ebay.
I bought several gently used coach purses on ebay. Afterwards I need to get rid of to recoup at least what I put into them. Asked a friend's daughter in law to take to work and ask around to see if so… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Can we submit Humanitarian Parole for my Brother. He wants
Can we submit Humanitarian Parole for my Brother JA: Since parole regulations vary, can you tell me what state this is in? Customer: He wants to come as Kidney Donor JA: Has anything been filed or rep… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
I am a builder remodeler I have a customer that will not
I am a builder remodeler I have a customer that will not paid final payment … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I had a work accident in 2004 my attorney at the time
I had a work accident in 2004 my attorney at the time settled a lil early I feel because I had a brain injury i was unclear about what I was signing now as times been passing ive been looking to reope… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
Does a tenant leasing a building to operate a school and the
Does a tenant leasing a building to operate a school and the landlord knows their building does not meet the code for a school and the landlord leases the building anyway without notifying the tenant?… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
My husband and I got into a verbal altercation, and as I
My husband and I got into a verbal altercation, and as I went upstairs to the loft to get my backpack to go to work, he started throwing things at me like a water bottle and Gatorade. I said I can thr… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
What is the last date to file an answer to the complaint and
What is the last date to file an answer to the complaint and serve it on the attorney for the plaintiff ? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
1. three years ago, someone (Larry) filed a complaint
1. three years ago, someone (Larry) filed a complaint against Dennis. According to the file document that address is***** 2. Since no one's name called Dennis at this address, no serve was done and fi… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
My grand mother was given property here in texas by her mom,
my grand mother was given property here in texas by her mom, when she was 12,she was misled to believe other wise by my her husbands first wife.many years have past. many have died (1909),and, a testa… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,358 satisfied customers
Last saturday day afternoon a care giver that i had become
last saturday day afternoon a care giver that i had become friends with was suppose to return with a new book and eight in cash. she has done neither. what are my liabilities and what might she be try… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
I am trying to do an orginal answer via efile for texas and
i am trying to do an orginal answer via efile for texas and I don';t iknow what "I ask gthe court for general relief menas … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I rented a commercial local for a computer gaming center. I
I rented a commercial local for a computer gaming center. I started the lease in August of 2017, and in the month of December I get the increase in rent based on the annual increase, I understood that… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I have a problem with a neighbor who is accusing me of
I have a problem with a neighbor who is accusing me of allowing my two small Chihuahuas to defecate on their property. I have received two letters from the owners of the property with unfounded accusa… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
I plan to file for divorce but I wanted to know if my
I plan to file for divorce but I wanted to know if my husband on 2.9 years has any right to my house, since I owned it before the marriage and it is only in my name and the inheritance I got last year… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
I am looking for representation for our LLC. I down want
I am looking for representation for our LLC. I down want this person to get a default judgement and clearly I cannot represent the LLC. Can you assist with this? Can I hire you?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x